New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-11
THE EXTRA ELEC rloN INSPECTORS.

DECISION OF THE GENERAL TERM OF THE SUPREME
COURT on THE MANDAMUs QUESTION.
The General Term of the Supreme Court yesterday
handed decision in the matter OF the motion for
Judgment on the OF the Board OF Police 10 the writ
Of alternative mandamus obtained by tue United Labor
party for the purpose OF having its Inspector OF
election appointed, and on the appeal from
the order Of the General Term denying the
motion for peremptory mandamus ana
directing the Issuing OF alternative writ The judges
dece before they pass finally upon the application
for mandamu and direct which inspectors shall be ap
pointed investigation must take place before judge
to he in another order Ia the opinion which
IL per cT1am, the court says:
The applications were made behalf OF the United
Labor party the ground that IT, as political party
organization had cast for its candidate in the election
OF 1856 upward So 900 votes II this allegation MAD
been established beyond reasonable debut OF contro-
yersy then the motion for peremptory writ OF man
appoint the additional inspectors from that party would
have been successful for where night OF this description
facts there the law permits peremptory writ OF
nandamus TO be issued In the nrst Instance tut the
facts were not SO established
THE Alternative WRIT OF MANDAMUs.
The Court says that affdavts both sides havo
created Of fact (Which court without the con-
Of the parties has been permitted TO consider and
decide otherwise than By formal trial" Under the code
Of Civil Procedure the opinion proceeds the condition OF
tbs deprived either of the applicants OF the mme
date right TO a writ Of peremptory mandamus and the
order from which the appeal has been taken
denying the motion for that wrlts accordingly affirmed
With regard to the alternative writ OF man damus the
court says
This writ rected among other facts the statement that
the party the United Labor party cast for Its
candidate for the Office Of Mayor OF the City OF Nowiork
o many as $4,000 votes and upward and no direct
denial Ia the first instance made by the return OF the
Board OF this statement
After stating that this return demur-ed TO by the
counsel for United Labor party insufficient IL is
forth statement Of facts returned by the
If ola
which the Board was unable TO decide and the opinion
proceeds as follows
While Therefore the Board did not directly deny the
that deua for 1t appeared FROM proceedings which
were returned that they were unable board decide
their % S uR f was s' sse
Pary or ~hen bad cast for is
being 70 the satisfaction II the Board they
sienal inspectors from that party Organization.
TRIAL OF THE FACTS ALLOWED.
While 1t is declared that at common law an nferentlal
denial Of this description would not have been permitted
It is stated that this has been changed by statute and
for many years 1t has been the practice TO allow the
relator to have q trial Of tho facts The
srctness in the return has accordingly ceased
be necessary Besides the return Of
his and Porter has been made the basis OF direct
and positive denial OF these statements in the writ Of
mandamus Tho court decides that the objections to
separate by the comnssisners individually
lot we'll founded In regard 70 the point raised In tho
return OF the commissioners that the Board has
power 70 appoint inspectors after September 80. the
court holds that 1t is not we'll TAKEN saying:
The authority 70 appoint Is conferred upon the
ooaf Tor the benefit OF the public and where the time
may have passed In which II should be DONE long
Inc Board was not prohibited from doing II aferward
would be legal and valid"
II Is concluded that the only question TO be determined
~ 70 which party cast more than $4,000 votes at tho
fellows:
eIgeneies of the required that 1t should DO
osed Of at the earliest practicable moment that II
aer Of the parties is entitled to the appointment Of
additional inspectors that appointment may BIO
os ana the apponees may Be ready to act with tho
inspectors In caring for and protecting tho Inter
he OF their constituents and upon the desrminasn Of
; sas court at the trial, this court upon being
informed Of the result, win lheu be I'm q
and S"n tn to decide the rights Of the parties
sppoanen Of the inspectors which the
Viii party will be entitled 10 select aud az Issue
,s Ss s.%sd limiting tAs inquiry at tho Circuit Court
Vhs, generalization OF this oontroverted aucslsn
thsssn the United Labor party the party casting
sber or whether they were By the Progressive
Whefh.p ary or BY tns Irving Hall Democracy or |
Shss x ssthsr Of those cast such yc,ss
NM. y the full breadth and extent Of the ssuss rs
VISA ana their bearing and decision win |